Greater London Authority Bill - continued        House of Lords
PART II, GENERAL FUNCTIONS AND PROCEDURE - continued
Staff - continued

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General local authority provisions
Investigation of Authority by Commission for Local Administration.     74. - (1) Part III of the Local Government Act 1974 (local government administration) shall be amended as follows.
 
      (2) In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted-
 
 
    "(aaa) the Greater London Authority;".
      (3) In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted-
 
 
    "(4A) Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following-
 
 
    (a) the London Assembly;
 
    (b) any committee of the London Assembly;
 
    (c) any body or person exercising functions on behalf of the Greater London Authority."
      (4) In section 30 (reports on investigations) after subsection (2) there shall be inserted-
 
 
    "(2AA) If the authority concerned is the Greater London Authority-
 
 
    (a) the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and
 
    (b) in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly."
      (5) After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted-
 
 
    "(3AA) Nothing in subsection (3) above prevents a report-
 
 
    (a) mentioning the name of, or
 
    (b) containing particulars likely to identify,
  the Mayor of London or any member of the London Assembly."
 
      (6) After subsection (7) of that section there shall be added-
 
 
    "(8) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly."
 
      (7) In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added-
 
 
    "(4) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly."
 
      (8) In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after "25(4)" there shall be inserted ", (4A)".
 
      (9) After subsection (6) of that section there shall be inserted-
 
 
    "(7) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly."
 
      (10) In section 34(1) (interpretation of Part III) in the definition of "member", after the word ""member"," there shall be inserted-
 
 
      "(a) in relation to the Greater London Authority, means-
 
      (i) the Mayor of London,
 
      (ii) the Deputy Mayor, or
 
      (iii) a member of the London Assembly;
 
      (b) ";

and before the words "in relation to a National Park Authority" there shall be inserted "(c)".
Provisions of 1972 Act relating to documents, notices etc.     75. - (1) For the purposes of the provisions of the Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.
 
      (2) The provisions are-
 
 
    (a) section 224 (arrangements by principal councils for custody of documents);
 
    (b) section 225 (deposit of documents with proper officer of authority etc);
 
    (c) section 228 (inspection of documents);
 
    (d) section 229 (photographic copies of documents);
 
    (e) section 230 (reports and returns);
 
    (f) section 231 (service of notices on local authorities etc);
 
    (g) section 232 (public notices);
 
    (h) section 233 (service of notices by local authorities);
 
    (i) section 234 (authentication of documents).
      (3) In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.
 
Byelaws.     76. - (1) Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
 
      (2) In subsection (1) after "and to byelaws made by a local authority," there shall be inserted "the Greater London Authority".
 
      (3) After subsection (10A) there shall be inserted-
 
 
    "(10B) The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London Borough Council and the Common Council."
 
 
Bills in Parliament
Power of Authority to promote or oppose Bills in Parliament.     77. - (1) The Authority may-
 
 
    (a) promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or
 
    (b) oppose any local Bill in Parliament which affects any such inhabitants.
      (2) Section 70 of the Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.
 
      (3) The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
      (4) The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.
 
      (5) Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.
 
      (6) No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.
 
      (7) A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.
 
Power to request provisions in Bills promoted by London local authorities.     78. - (1) A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.
 
      (2) Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
 
      (3) If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.
 
      (4) Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority.
 
      (5) The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
      (6) Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.
 
      (7) If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.
 
      (8) In consequence of the other provisions of this section, in section 87(3) of the Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after "other councils" there shall be inserted ", or by the Greater London Authority under section 78 of the Greater London Authority Act 1999,".
 
      (9) In this section "London local authority" means-
 
 
    (a) a London borough council; or
 
    (b) the Common Council.
Authority's consent to inclusion of certain provisions in local Bills.     79. - (1) A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of functions by the Authority or any of the functional bodies.
 
      (2) Subsection (1) above applies only if the Authority-
 
 
    (a) gives its written consent; and
 
    (b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
      (3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.
 
      (4) Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.
 
      (5) The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
      (6) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.
 
      (7) Nothing in this section applies in relation to provisions requested under section 78 above.
 
      (8) In this section "London local authority" means-
 
 
    (a) a London borough council; or
 
    (b) the Common Council.
 
Contracts
Public supply or works contracts.     80. In Schedule 2 to the Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry "A local authority" there shall be inserted-
 
 
  " The Greater London Authority."
 
 
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Prepared 27 October 1999